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EFF and 23 Civil Liberties Organizations Demand Transparency on NSA Domestic Phone Record Surveillance


From: "Dave Farber" <farber () gmail com>
Date: Sun, 3 Jun 2018 17:54:59 -0400




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: June 3, 2018 at 17:20:36 EDT
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] EFF and 23 Civil Liberties Organizations Demand Transparency on NSA Domestic Phone Record 
Surveillance
Reply-To: dewayne-net () warpspeed com

EFF and 23 Civil Liberties Organizations Demand Transparency on NSA Domestic Phone Record Surveillance
By DAVID RUIZ
Jun 1 2018
<https://www.eff.org/deeplinks/2018/05/eff-and-x-civil-liberties-organizations-demand-transparency-nsa-domestic-phone>

This week, 24 civil liberties organizations, including EFF and the ACLU, urged Director of National Intelligence 
Daniel Coats to report—as required by law—statistics that could help clear up just how many individuals are burdened 
by broad NSA surveillance of domestic telephone records. These records show who is calling whom and when, but not the 
content of the calls. 

These numbers are crucial to understanding how the NSA conducts this highly sensitive surveillance under Section 215 
of the Patriot Act, as amended by the USA Freedom Act of 2015. Under the earlier version of this surveillance 
program, the NSA collected details of nearly every single Americans’ phone calls. With the NSA’s domestic phone 
record surveillance powers scheduled to expire in 2019, Congress and the public deserve to know the truth before any 
legislative attempts to reauthorize the program.

Despite this, the Office of the Director of National Intelligence (ODNI) has failed to report these statistics in its 
past three annual transparency reports.

The civil liberties groups also signed a letter to Reps. Bob Goodlatte (R-VA) and Jerry Nadler (D-NY), the Chair and 
Ranking Member of the House Judiciary Committee, warning about the NSA’s continued failure to comply with the law 
mandating disclosure of this data. 

For more than a decade, the NSA relied on a faulty interpretation of Section 215 to collect the time, duration, and 
numbers called for nearly every single Americans’ phone calls. But a federal appeals court in New York in 2015 ruled 
that this collection was illegal, calling it “unprecedented and unwarranted.”

Soon after, Congress passed the USA Freedom Act. While it did not go far enough, the bill included several 
transparency provisions to prevent future surveillance abuse by the NSA. For example, the bill included the 
requirement that the NSA annually report the accurate number of “unique identifiers”—things like accounts, persons, 
or devices—that the NSA uses when conducting surveillance under Section 215. 

As we told Director Coats in our letter:

This data point is critical to measure the number of individuals impacted by the program and the extent to which the 
[the USA Freedom Act] has successfully prevented bulk collection under this authority. Importantly, the number can 
also serve as a warning sign in the event the NSA attempts to resurrect unlawful surveillance practices under Section 
215.

Concerningly, Section 215 collection has risen dramatically since the bill’s passage. According to the most recent 
transparency report from the ODNI, the NSA collected more than 530 million call records in 2017, an increase of more 
than 300 percent from the year prior. However, lacking accurate statistics on “unique identifiers,” these numbers are 
difficult to interpret.

[snip]

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